Drummond v. State

OPINION

PAUL PRESSLER, Justice.

This is an appeal from a conviction for promotion of obscenity. A jury found appellant guilty and assessed a fine of $1,250.00.

On or about July 20, 1983, appellant sold a magazine to D.L. Terral which allegedly depicted patently offensive representations of actual and simulated sexual intercourse and sodomy. The name of the magazine was such that the obscene nature of its contents would be apparent to even the most naive. After conviction appellant filed his Affidavit of Indigency timely alleging he was unable to pay the cost of preparing the Statement of Facts.…